Carolyn Tackett VS Jonathan Martin, PTA, North Oaks Outpatient Rehabilitation Services, Tangipahoa Hospital Service District #1, D.B.A. North Oaks Health System, and North Oaks Health System Foundation
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STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT 2013 N0. TACKETT CAROLYN PAGE VERSUS PTA, MARTIN, JONATHAN OAKS TANGSPAHOA HEALTH OAKS D/ B/ A SYSTEM, HEALTH AND OAKS NORTH SYSTEM MAY 0 $ 2014_ Re: Jonathan Oaks Parisli BEFORE: defendants, D/ B/ A North Foundation judgment essential Carolyn expert to 719- 20 . favor denying judgment summary of the out is PTA, an that find and she to writ 12/ We dismiss and to for one shifted produce that sne at 53 the North summarp plaintiff' s will be La. Medical So. 3d 714 , December Oaks' to factual trial . Chabert J. grant System support burden and District summary 22/ 10) , qranted Martin that on proof Leonard reversed. and the of find JJ. Outpatient Health burden failed Cir. is Oaks establish v. we Oaks factual burden lst Jonathan defendants initial CRAIN, Service North of Scott the North Hospital absence evidentiary App. and We AND review, novo and their sufficient ( La. Accordingly, judgment met 966; art . 2010- 0192 Center, 2013 her satisfy de a System, Tackett, evidence Civ. P. to elements . for Court, District HIGGINBOTHAM, Tangipahoa Health North 2012- 0001788 . Martin, Oaks] [ North plaintiff, Code Oaks by pointing more able Jonathan Service and applying Judicial No. Pursuant Services, Rehabilitation 21st WELCH, McDONALD, GRANTED . Hospital System, Health Foundation, System writs, Tangipahoa, of PETTIGREW, WRIT a Health supervisory Oaks North Outpatient Oaks Tangipahoa Services, d/ b/ 1 # North PTA, Martin, District and 2 SERVICE NORTH Rehabilitation or of NORTH FOUNDATION 1, 1 SERVICES, HOSPITAL DISTRICT # 1 the 2152 OUTPATIENT REHABILITATION In CW 11, motion for judgment petition in with prejudice. 7MNI JEW HIGGINBOTHAM, CRAIN, J. The placed Tackett' J. concurs for reasons assigned by Judqe Crai:. concurs and defendants' at s issue assigns reasor.s : motion for whether alleged " damages there and summary was any a judgment causal alleged link specifically between deviation from Carolyn the STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT 2013 N0. CW PAGE standard applicable their re iewing Tackett' The this then evidence satisfy her shifted fact defendants J. did Dr. presented not the on occur plaintiff who to establish that burden bearing are entitled on to of proof medical judgment at Krause, November failed a matter 2 upon that 2 19, to she will trial of support ` of opin- on causation. as I Peter to sufficient evidentiary critical PETTIGREW, fracture 1eg Defendants . " the expert, studies, radiology left s burden expert the the by care defendants' the motion, of 2 2152 be " Ms . C9" . produce able relative to to Consequently, of law. dissents . I COURT DE OF APPEAL, TY FOR CLERK THE FIRST OF CIRCUIT COURT COURT
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